If you face certain traffic tickets in Georgia, you might wonder whether you’ll need to go to court. Perhaps you have heard that you might need to attend a “DDS hearing.” But is DDS court the same as “regular” court? This is a question you might want to explore alongside an experienced traffic ticket lawyer in Georgia.
DDS Hearings Do Not Occur in Criminal Court
The Department of Driver Services has its own, separate “court” system that occurs within the Office of State Administrative Hearings (OSAH). This is not the same as the criminal court system. If you’re approaching a potential DDS hearing, you will not have to go to the same courtroom as accused criminals. Instead, you may simply need to head to your local DDS office.
DDS Hearings are Less Formal
You might need to attend a DDS hearing for traffic offenses such as reckless driving, speeding, DUIs, DUI test refusals, and more. You might also face a hearing if you accumulate too many points on your license.
You can think of DDS hearings as “mini trials.” Generally speaking, there are fewer rules to worry about during this process, and you’ll go before an administrative law judge rather than a “real” criminal court judge. There is no jury or prosecutor, and the administrative law judge effectively serves all three roles.
That being said, a DDS hearing still follows many of the same rules that you would find in a criminal court. First, you have the right to present various evidence during the hearing. You can also call upon witnesses and cross-examine witnesses called upon by the state. While you don’t need to bring a lawyer with you to the hearing, presenting evidence and questioning witnesses is something best left to legal professionals.
Another important distinction is the burden of proof. Since DDS hearings are “civil” and not “criminal,” the burden of proof is lower for the accuser (the state). Instead of proving your guilt “beyond a reasonable doubt,” prosecutors only need to establish your guilt with a “preponderance of evidence.” In other words, they only need to show that you “probably” committed the traffic offense. In a criminal court, the state would likely need to establish a likelihood of guilt of over 90% to secure a conviction.
Although certain features of a DDS hearing might seem challenging (perhaps more so than criminal trials), you can approach them confidently alongside an experienced traffic ticket lawyer.
Can a Georgia Traffic Ticket Lawyer Help Me?
If you are not sure what to expect from your upcoming DDS hearing in Georgia, consider speaking with an experienced attorney. These legal professionals can help you prepare for your hearing, and they can also represent you during the entire process. This type of legal assistance could help you keep your driving license and push back against unnecessary penalties. Contact Lankford & Moore to learn more.
